Supreme Court

👩🏾‍⚖️Supreme Court Unit 6 – Separation of Powers: Checks & Balances

The separation of powers and checks and balances form the backbone of the U.S. government. These principles divide federal power among three branches—legislative, executive, and judicial—each with distinct roles and ways to limit the others' authority. This system, influenced by Enlightenment thinkers and colonial experiences, aims to prevent any branch from becoming too powerful. Key elements include Congress's lawmaking power, the President's veto, and the Supreme Court's ability to declare laws unconstitutional through judicial review.

Key Principles

  • Separation of powers divides the federal government into three distinct branches: legislative, executive, and judicial
  • Each branch has its own specific powers and responsibilities outlined in the Constitution
  • The system of checks and balances gives each branch ways to limit the power of the other branches
    • Prevents any single branch from becoming too powerful and dominating the others
  • Federalism divides power between the federal government and state governments
    • States retain powers not specifically granted to the federal government in the Constitution
  • Rule of law means that everyone, including government officials, must follow the law
    • Prevents abuse of power and arbitrary rule
  • Judicial review allows the Supreme Court to declare laws and executive actions unconstitutional
    • Established in the landmark case Marbury v. Madison (1803)

Historical Context

  • The Founders were influenced by Enlightenment thinkers like Montesquieu who advocated for separation of powers
  • Experience with British rule and colonial governments shaped the Founders' views on limited government
    • The British monarchy was seen as having too much unchecked power
  • The Articles of Confederation, the first U.S. constitution, created a weak central government
    • Its failures led to calls for a stronger federal government with checks and balances
  • Debates at the Constitutional Convention focused on how to divide power between branches
    • The Connecticut Compromise created a bicameral legislature with representation based on population (House) and equal representation for states (Senate)
  • Ratification debates centered on concerns about a strong federal government and the need for a Bill of Rights
    • Federalist Papers, written by Hamilton, Madison, and Jay, defended the Constitution's checks and balances

Constitutional Framework

  • Article I establishes the legislative branch (Congress) and outlines its powers
    • Includes power to make laws, declare war, levy taxes, and regulate commerce
  • Article II establishes the executive branch (President) and outlines its powers
    • Includes power to enforce laws, command the military, make treaties, and appoint officials
  • Article III establishes the judicial branch (Supreme Court and lower courts) and outlines its powers
    • Includes power to interpret laws and hear cases involving federal law and the Constitution
  • Amendments have modified the balance of power between branches over time
    • 12th Amendment changed the process for electing the President and Vice President
    • 22nd Amendment limited Presidents to two terms in office
  • The Necessary and Proper Clause (Article I, Section 8) gives Congress implied powers to fulfill its duties
  • The Supremacy Clause (Article VI) establishes that the Constitution and federal laws are the supreme law of the land

Three Branches of Government

  • Legislative Branch (Congress) consists of the Senate and the House of Representatives
    • Makes federal laws, declares war, regulates the armed forces, controls taxing and spending
  • Executive Branch is headed by the President and includes the Vice President and Cabinet
    • Enforces federal laws, commands the military, conducts foreign policy, nominates federal judges
  • Judicial Branch consists of the Supreme Court and lower federal courts
    • Interprets the meaning of laws, applies laws to individual cases, determines if laws violate the Constitution
  • Independent agencies (e.g. Federal Reserve) have regulatory power and exist outside the three main branches
  • Each branch has ways to check and balance the power of the other branches
    • Congress can override a presidential veto, impeach officials, and reject appointments
    • The President can veto legislation and nominate judges
    • The Supreme Court can declare laws and executive actions unconstitutional

Checks and Balances in Action

  • Legislative checks on the executive include the power to override vetoes, impeach officials, and reject appointments
    • Congress has impeached and removed federal judges, but no sitting President
  • Legislative checks on the judiciary include the power to confirm judicial nominees and amend the Constitution
    • Controversial nominees like Robert Bork have been rejected by the Senate
  • Executive checks on the legislature include the veto power and the ability to call special sessions of Congress
    • Nearly all Presidents have used the veto power at some point
  • Executive checks on the judiciary include nominating judges and granting pardons
    • Some pardons, like Ford's pardon of Nixon, have been controversial
  • Judicial checks on the legislature include the power to declare laws unconstitutional (judicial review)
    • Supreme Court has struck down many laws, like those in Marbury v. Madison (1803) and Brown v. Board of Education (1954)
  • Judicial checks on the executive include the power to declare executive actions unconstitutional
    • Supreme Court limited executive power in cases like Youngstown Sheet & Tube Co. v. Sawyer (1952)

Landmark Supreme Court Cases

  • Marbury v. Madison (1803) established the principle of judicial review
    • Allowed the Supreme Court to declare laws unconstitutional
  • McCulloch v. Maryland (1819) affirmed the supremacy of the federal government over states
    • Upheld the power of Congress to create a national bank under the Necessary and Proper Clause
  • Youngstown Sheet & Tube Co. v. Sawyer (1952) limited presidential power during wartime
    • Ruled that President Truman exceeded his authority by seizing steel mills during the Korean War
  • United States v. Nixon (1974) led to the release of the Watergate tapes and Nixon's resignation
    • Established that the President is not above the law and can be compelled by subpoena
  • Morrison v. Olson (1988) upheld the constitutionality of independent counsels
    • Allowed investigations of high-level executive officials, like the Iran-Contra affair
  • Bush v. Gore (2000) decided a disputed presidential election in favor of George W. Bush
    • Demonstrated the Supreme Court's role in resolving constitutional crises

Modern Challenges and Debates

  • The growth of the administrative state has blurred the lines between branches
    • Executive agencies like the EPA have quasi-legislative and quasi-judicial powers
  • The rise of party polarization has led to gridlock and power struggles between branches
    • Divided government often leads to standoffs over budgets, appointments, and oversight
  • The power of the President has expanded over time, especially in foreign policy and national security
    • "Imperial Presidency" thesis argues that Presidents have too much unchecked power
  • The role of money in politics, especially after Citizens United v. FEC (2010), raises concerns about corruption
    • Super PACs and dark money groups can spend unlimited funds to influence elections
  • The confirmation process for federal judges has become increasingly partisan and contentious
    • Nominees are often selected based on ideological litmus tests rather than qualifications
  • Some argue that the Supreme Court has become too politicized and has exceeded its constitutional role
    • Calls for judicial restraint, term limits, or changes to the nomination process

Impact on Governance

  • Separation of powers and checks and balances can lead to gridlock and slow the policymaking process
    • Major legislation often requires bipartisan compromise and can take years to pass
  • However, the system also prevents hasty or ill-considered laws and protects individual rights
    • Slows down the "tyranny of the majority" and gives minority views a voice
  • The veto power allows the President to block laws and shape the legislative agenda
    • Pocket vetoes can kill legislation without the possibility of an override
  • Judicial review allows the courts to serve as a check on unconstitutional laws and executive actions
    • But can also lead to charges of "judicial activism" if courts are seen as making policy
  • Impeachment is the ultimate check on abuse of power, but has been used sparingly
    • Only two Presidents (Andrew Johnson and Bill Clinton) have been impeached by the House, but neither was removed by the Senate
  • The system of separated powers has proven resilient over time, surviving many challenges and crises
    • Has prevented the concentration of power in any one branch or individual


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© 2024 Fiveable Inc. All rights reserved.
AP® and SAT® are trademarks registered by the College Board, which is not affiliated with, and does not endorse this website.